LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Overtime Wages - Employer Is Withholding?

Discussion in 'Employment Law Forum' started by Luvlee, 31 March 2015.

  1. Luvlee

    Luvlee Active Member

    Joined:
    31 March 2015
    Messages:
    9
    Likes Received:
    0
    My employer rostered me to work 21hrs out of 27hrs (I had a break of 6hrs between shifts). They were told I was entitled to be paid double time for the second shift as I did not get the legal min 8hrs break, when I received my payslip I had only been paid the normal rate. I lodged a pay query last week advising they had not paid me my correct wages. When I asked today why my pay hadn't been fixed I was advised that head office had to decide if I could be paid the extra. Can they do this when employment law and the award states I'm entitled to be paid double time?
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Did you choose to not take a break despite encouragement and time made for that break?
    Generally, if you are entitled under the Award to penalty rates then your employer doesn't have discretion.
     
  3. Luvlee

    Luvlee Active Member

    Joined:
    31 March 2015
    Messages:
    9
    Likes Received:
    0
    I was not given the choice to take a break, I either did the rostered shifts or called in sick for the second shift which I have had to do on numerous occasions and lose a few hundred dollars each time.
     
  4. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Okay- yes your employer doesn't have discretion over the overtime pay. If they continue to withhold your pay, you can call the fair work ombudsman.
     
  5. Luvlee

    Luvlee Active Member

    Joined:
    31 March 2015
    Messages:
    9
    Likes Received:
    0
    Thank you Ivy, I didn't think they did. I have considered going to the ombudsman regarding my rosters as this is happening quite often, and also regarding my allowances which I'm sure they are not being paid correctly.
     

Share This Page

Loading...